IS ONE WHO TAKES AND RETURNS SOMETHING RESPONSIBLE?
Answer #3 (Abaye bar Avin and R. Chanina bar Avin): The case is, Shimon took the flask to measure (the oil for Reuven) with it.
(Rabah): If an animal was lost, and a Chacham (who is exempt from returning it, for it is beneath his dignity) hit it (to make it return by itself), he is responsible to return it.
Objection: Rabah said so about an animal. Once it strays, it is less likely to return home;
We have no source that using a flask (for the sake of Reuven) obligates him to return it to Reuven!
Answer #4 (Rava and R. Zeira): The case is, Shimon took the flask to measure with it for others.
R. Yehudah holds that one who borrows without permission is like a borrower, it suffices to return it to where he took it from (the child);
Chachamim hold that one who borrows without permission is like a robber, so he must return it to the owner.
(Shmuel): If one takes a Kli from a craftsman to see if he wants to buy it, and Ones occurred, he is liable.
This is only if the price is known.
Levi entered a meat store, and picked up thigh to inspect it. A horseman came and took it; Rav Yemar obligated Levi to pay;
This is only because the price was known.
Reuven brought gourds to Fum Nahara to sell. Everyone took one each (intending to buy it. Reuven thought that they were stealing.) He said 'they are Hekdesh!'
Rav Kahana: One cannot make Hekdesh something that is not his. (The buyers acquired them. They merely owed money.)
This is only if the price is known. If not, they still belonged to Reuven, and they are now Hekdesh.
(Beraisa): If a Chaver (one who is trustworthy about Ma'aseros) was looking at vegetables to buy them (from Reuven, who is not a Chaver), even for a whole day, he does not acquire (until he decides absolutely), so he need not tithe them;
If he decided to buy them, he acquires, and he must tithe them.
He may not return them (intact), for they must be tithed (a Chaver may not give or sell Tevel before tithing it);
He may not tithe them and return (the rest), for this reduces their value!
He tithes them and pays to Reuven the value of the Ma'aser (and returns the remaining vegetables).
Question: Does he acquire and need to tithe them just because he decided to buy them?!
Answer (R. Hoshaya): The Beraisa discusses a Heaven-fearing person like Rav Safra, who fulfilled "v'Dover Emes bi'Lvavo" (he fulfilled his intention, even though he did not say a word).
CLEANING ONE'S MEASURES
(Mishnah): A wholesaler cleans his measures once every 30 days (because they are used often, much sticks to them);
A regular person (who sells less frequently) cleans his measures once every 12 months;
R. Shimon ben Gamliel says, just the contrary! (A wholesaler's Kelim are used often, so the remaining drops rarely dry up and stick to the Kelim, so once a year suffices. Others must clean them once every 30 days.)
A grocer cleans his measures twice a week, his weights once a week, and his scale after every weighing.
R. Shimon ben Gamliel says, this applies to (Kelim that hold) liquids. For dry things, there is no need to clean the Kelim.
The grocer must give enough Peros to be Machri'a (lift the pan holding the weights) a Tefach (above the Peros).
If he (is in a place where one) measures evenly, he compensates by adding extra Peros, one part for 10 for liquids, and one for 20 for dry measures.
In a place where people measure with small Kelim, he should not measure with big Kelim (for there will be fewer weighings);
In a place where people measure with big Kelim, he should not measure with small Kelim (the seller cannot make them so even).
In a place where people sell even measures, he should not give a heaping measure, or vice-versa (we will explain why).
(Gemara) Question: What is the source (that one must make the weights go a Tefach higher)?
Answer (Reish Lakish): "Even Sheleimah va'Tzedek" - give more than the full measure.
Question (Seifa): In a place where people measure evenly, he compensates by adding extra.
If the Torah requires Hachra'ah, how can he weigh evenly?
Answer: Really, the Torah does not require Hachra'ah (but where people do so, one must be Machri'a a Tefach);
We asked for the source that in a place where people measure evenly, he compensates by adding extra. Reish Lakish answered that we learn from "Even Sheleimah va'Tzedek."
Question: How much extra must one give? (What does it mean 'one part for 10'?)
Answer (R. Aba bar Mamal): It is a tenth of a liter for a sale of 10 liters (i.e. one part in 100) for liquids.
(Mishnah): He adds one part for 10 for liquids, and one for 20 for dry measures.
Question: What does this mean?
Does it mean a tenth of a liter for a sale of 10 liters for liquids, and one part in 20 of a liter for a sale of 20 liters for dry measures?
Or, does it mean, a tenth of a liter for a sale of 10 liters for liquids, or for a sale of 20 liters for dry measures?
This question is not resolved.
WHAT IS MORE SEVERE
(R. Levi): The punishment for false measures is more severe than for incest. Regarding false measures it says "El", regarding incest it says "Eleh".
Question: What is the source that "El" connotes strength?
Answer: "V'Es Elei ha'Aretz Lokach."
Question: Regarding incest it says "Eleh", which also connotes severity!
Answer: No, "Eleh" teaches that Kares (applies to Arayos, but it) does not apply to false measures.
Question: Since Kares applies to Arayos but not to false measures, why are false measures considered more stringent?
Answer: One can repent after sinning with Arayos, but not after sinning with false measures (he does not remember to whom he owes money).
(R. Levi): The punishment for stealing from a person is worse than for stealing from Hekdesh.
Regarding stealing from a person, the Torah says "Chet", before (he benefited, i.e.) "Me'ilah". Regarding stealing from Hekdesh, it does not say "Chet" until after "Me'ilah".
(R. Levi): Hash-m acts unlike people: Hash-m blessed Yisrael with 22 letters (from Aleph to Tav - "Im Bechukosai Telechu... Komemiyus") and cursed them with eight (from Vov to Mem, "v'Im Bechukosai Tim'asu... Go'alah Nafsham")
Moshe blessed Yisrael with eight letters, "v'Hayah Im Shamo'a... l'Avdam", and cursed them with 22, "v'Hayah Im Lo Sishma... v'Ein Koneh."